Court jails top officer for Timor violence

In a surprise verdict, an army general has been found guilty of crimes against humanity by an Indonesian court over bloodshed during East Timor's independence vote in 1999.

The specially convened human rights court sentenced Major-General Adam Damiri to three years' jail. He was regional commander at the time of the violence and the top general to be tried.

"The defendant is guilty . . . he committed criminal acts which are a violation of human rights and crimes against humanity. He is sentenced to three years in jail," Chief Judge Marni Erni Mustafa told the court yesterday.

Damiri is the last of 18 people to be tried by the court, which has acquitted most other suspects and handed out lenient sentences to those convicted, drawing widespread criticism from human rights groups.

In addition to Damiri, there have been five convictions, including three military officers. Most have appealed. The toughest sentence was 10 years, given to a civilian.

Damiri, who had faced the death penalty, received a boost in June when the prosecution told the court to declare him not guilty of crimes against humanity for not taking action to prevent the violence.

Damiri, who has always maintained his innocence, shouted and raised his arms in protest as the verdict was read out. "I feel very disappointed with this decision," he said afterwards, adding that he would appeal. Earlier, wearing full military uniform, he appeared composed as he entered the courtroom, packed with other officers, regular and special forces troops, and his wife.

Indonesia set up the special court in an attempt to persuade an outraged world it would account for the carnage surrounding East Timor's vote to break free from Jakarta's rule in August 1999, when militia gangs backed by elements in the Indonesian military went on a killing rampage.

The United Nations estimates 1000 people were killed, 250,000 people were forcibly relocated to Indonesian West Timor and almost half the territory was destroyed.

The trials were another test of the judiciary's independence in a country where the military has considerable political clout.

Rights groups have also condemned the failure of the court to try General Wiranto, Indonesia's military commander at the time of the violence.

However, there have been questions about the level of political will to see justice delivered and the professionalism with which the trials have been prosecuted.

"It's been completely farcical," said Sidney Jones, head of the Indonesian office of the Brussels-based political think-tank the International Crisis Group.

Observers have listed judges who doze off, incompetent prosecutors and intimidating tactics by the military - such as filling the public gallery with soldiers with bayonets - as just a few of the tribunal's myriad failings.